2010 California Code
Education Code
Article 2.7. Permanent Status

EDUCATION CODE
SECTION 44929.20-44929.29



44929.20.  Every certificated employee of a school district of any
type or class having an average daily attendance of less than 250,
and every certificated employee of any school district in a position
requiring a supervision or administration credential, may be offered
a continuing contract to cover a period longer than one year but not
to exceed four years.



44929.21.  (a) Every employee of a school district of any type or
class having an average daily attendance of 250 or more who, after
having been employed by the district for three complete consecutive
school years in a position or positions requiring certification
qualifications, is reelected for the next succeeding school year to a
position requiring certification qualifications shall, at the
commencement of the succeeding school year be classified as and
become a permanent employee of the district.
   This subdivision shall apply only to probationary employees whose
probationary period commenced prior to the 1983-84 fiscal year.
   (b) Every employee of a school district of any type or class
having an average daily attendance of 250 or more who, after having
been employed by the district for two complete consecutive school
years in a position or positions requiring certification
qualifications, is reelected for the next succeeding school year to a
position requiring certification qualifications shall, at the
commencement of the succeeding school year be classified as and
become a permanent employee of the district.
   The governing board shall notify the employee, on or before March
15 of the employee's second complete consecutive school year of
employment by the district in a position or positions requiring
certification qualifications, of the decision to reelect or not
reelect the employee for the next succeeding school year to the
position. In the event that the governing board does not give notice
pursuant to this section on or before March 15, the employee shall be
deemed reelected for the next succeeding school year.
   This subdivision shall apply only to probationary employees whose
probationary period commenced during the 1983-84 fiscal year or any
fiscal year thereafter.



44929.22.  At the discretion of the governing board of a district
with 60,000 average daily attendance or more every employee of the
district who, after having been employed by the district for two
consecutive school years in a position or positions requiring
certification qualifications, is reelected for the next succeeding
school year to a position requiring certification qualifications may,
at the commencement of the succeeding school year, be classified as
and become a permanent employee of the district. If the board is the
governing board of more than one district, it may exercise the
discretionary power given it by this section in each district under
its jurisdiction, whether or not each of the districts has 60,000
average daily attendance.
   This section shall apply only to probationary employees whose
probationary period commenced prior to the 1983-84 fiscal year.




44929.23.  (a) The governing board of a school district of any type
or class having an average daily attendance of less than 250 pupils
may classify as a permanent employee of the district any employee
who, after having been employed by the school district for three
complete consecutive school years in a position or positions
requiring certification qualifications, is reelected for the next
succeeding school year to a position requiring certification
qualifications. If that classification is not made, the employee
shall not attain permanent status and may be reelected from year to
year thereafter without becoming a permanent employee until a change
in classification is made.
   (b) Notwithstanding subdivision (a), Section 44929.21 shall apply
to certificated employees employed by a school district, if the
governing board of the school district elects to dismiss probationary
employees pursuant to Section 44948.2. If that election is made, the
governing board thereafter shall classify as a permanent employee of
the district any probationary employee who, after being employed for
two complete consecutive school years in a position or positions
requiring certification qualifications, is reelected for the next
succeeding school year to a position requiring certification
qualifications as required by Section 44929.21. Any probationary
employee who has been employed by the district for two or more
consecutive years on the date of that election in a position or
positions requiring certification qualifications shall be classified
as a permanent employee of the district.
   (c) If the classification is not made pursuant to subdivision (a)
or (b), the employee shall not attain permanent status and may be
reelected from year to year thereafter without becoming a permanent
employee until the classification is made.


44929.25.  When a teacher of classes for adults serves sufficient
probationary time as provided in Sections 44929.20 to 44929.23,
inclusive, and Section 44908 to be eligible for election to permanent
classification in that district, his or her tenure shall be for the
service equivalent to the average number of hours per week that he or
she has served during his or her probationary years. In no case
shall the employee be classified as permanent for more than one
full-time assignment. The service for which the person has acquired
tenure may be reduced in conformity with Sections 44955 and 44956.
   Notwithstanding any other provision to the contrary, in a district
that has, or in a district that is one of two or more districts
governed by governing boards of identical personnel that have a
combined average daily attendance of 400,000 or more, as shown by the
annual report of the county superintendent of schools for the
preceding fiscal year, no person who is assigned 10 hours or less a
week in adult classes in the district shall be eligible for election
to permanent classification in the district on account of the
assignment in adult classes.
   Notwithstanding any other provision to the contrary, any person
who is employed to teach adults for not more than 60 percent of the
hours per week considered a full-time assignment for permanent
employees having comparable duties shall be classified as a temporary
employee, and shall not become a probationary employee under the
provisions of Section 44954.



44929.26.  Nothing in Sections 44929.20 to 44929.23, inclusive,
shall be construed to give permanent classification to a person in
the adult school who is already classified as a permanent employee in
the day school. In case a teacher obtains permanent classification
in the evening school and later is eligible for the same
classification in the day school by reason of having served the
probationary period therein, he or she shall be given his or her
choice as to which he or she shall take.
   Notwithstanding any other provision to the contrary, service in
the evening school shall not be included in computing the service
required as a prerequisite to attainment of, or eligibility to,
classification as a permanent employee in the day school, except
service in the evening school rendered by a person rendering services
in the day school who is directed or specifically requested by the
school district to render services in the evening school either in
addition to, or instead of, rendering service in the day school.
Service in the day school shall not be included in computing the
service required as a prerequisite to attainment of, or eligibility
to, classification as a permanent employee in the evening school,
except service in the day school rendered by a person rendering
services in the evening school who is directed or specifically
requested by the school district to render service in the day school
either in addition to, or instead of, rendering service in the
evening school.


44929.27.  No employee of a school district or districts, in which
the average daily attendance of all the districts combined is in
excess of 200,000, governed by the same governing board shall
hereafter acquire permanent certificated tenure or permanent
noncertificated status, or a combination of tenure and status, for
more than one full-time position. Any employee who hereafter acquires
any combination of permanent certificated tenure or permanent
noncertificated status or both which exceeds that for one full-time
position shall have a choice which tenure or status to retain so long
as that retained does not exceed one full-time position.
   It is the intent of this section that an employee holding
permanent certificated tenure or permanent noncertificated status for
a full-time position may not have permanent tenure or status
protection for any additional time in either a certificated or a
noncertificated position under any such school district governed by
the same governing board.



44929.28.  The governing board of a school district that employs in
a position requiring certification qualifications any person who has
become a permanent certificated employee in any school district may
employ that person as a permanent certificated employee.



44929.29.  Nothing in this article shall be construed as affecting
the classification of any employee as it existed on September 13,
1941.


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